Dr. Thirlwall justly observes respecting Solon, “He must be
considered as an arbitrator, to whom all the parties interested
submitted their claims, with the avowed intent that they should
be decided by him, not upon the footing of legal right, but
according to his own view of the public interest. It was in this
light that he himself regarded his office, and he appears to have
discharged it faithfully and discreetly.” (History of Greece, ch.
xi. vol. ii, p. 42.)
One thing is never to be forgotten in regard to this measure,
combined with the concurrent amendments introduced by Solon in the
law,—it settled finally the question to which it referred. Never
again do we hear of the law of debtor and creditor as disturbing
Athenian tranquillity. The general sentiment which grew up at Athens,
under the Solonian money-law, and under the democratical government,
was one of high respect for the sanctity of contracts. Not only was
there never any demand in the Athenian democracy for new tables or
a depreciation of the money standard, but a formal abnegation of
any such projects was inserted in the solemn oath taken annually by
the numerous diakasts, who formed the popular judicial body, called
hêliæa, or the hêliastic jurors,—the same oath which pledged them to
uphold the democratical constitution, also bound them to repudiate
all proposals either for an abrogation of debts or for a redivision
of the lands.[184] There can be little doubt that under the Solonian
law, which enabled the creditor to seize the property of his debtor,
but gave him no power over the person, the system of money-lending
assumed a more beneficial character: the old noxious contracts,
mere snares for the liberty of a poor freeman and his children,
disappeared, and loans of money took their place, founded on the
property and prospective earnings of the debtor, which were in the
main useful to both parties, and therefore maintained their place in
the moral sentiment of the public. And though Solon had found himself
compelled to rescind all the mortgages on land subsisting in his
time, we see money freely lent upon this same security, throughout
the historical times of Athens, and the evidentiary mortgage pillars
remaining ever after undisturbed.
[184] Dêmosthen. cont. Timokrat. p. 746. οὐδὲ τῶν χρεῶν τῶν
ἰδίων ἀποκοπὰς, οὐδὲ γῆς ἀναδασμὸν τῆς Ἀθηναίων, οὐδ᾽ οἰκιῶν
(ψηφιοῦμαι): compare Dio Chrysostom, Orat. xxxi, p. 332, who
also dwells upon the anxiety of various Grecian cities to fix a
curse upon all propositions for χρεῶν ἀποκοπὴ and γῆς ἀναδασμός.
What is not less remarkable is, that Dio seems not to be aware
of any one well-authenticated case in Grecian history, in which
a redivision of lands had ever actually taken place—ὃ μηδ᾽ ὅλως
ἴσμεν εἴ ποτε συνέβη. (_l. c._)
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